Inconsistent Rules on Concealed Carry - Page 2

Inconsistent Rules on Concealed Carry

This is a discussion on Inconsistent Rules on Concealed Carry within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by SIXTO be careful what you wish for. I would add... "be careful who you VOTE for"!...

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  1. #16
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    Quote Originally Posted by SIXTO View Post
    be careful what you wish for.
    I would add... "be careful who you VOTE for"!
    ALWAYS carry! - NEVER tell!

    "A superior Operator is best defined as someone who uses his superior
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  2. #17
    Distinguished Member Array kazzaerexys's Avatar
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    Quote Originally Posted by MitchellCT View Post
    We live in a federal republic.
    ...which has something called Full Faith and Credit.

    Short of repealing the Second Amendment, the Federal gov't basically has no way of making Florida accept California's CCW laws.

    On the other hand, if the feds passed a set of minimum concealed carry standards, whatever they may be, then every state would be required to accept the CCW license of any other state that meets those requirements.

    This is how both driver's licenses and marriage licenses work right now. This is the reason that Texas does not have to recognize Massachusetts same-sex marriages---because marriages so licensed do not meet the Federal standards laid out in the Defense of Marriage Act.

    If the Full Faith and Credit clause is properly interpreted, a basic set of federally legislated carry standards could only increase mandatory reciprocity, not decrease it, nor affect any individual state's own licensing procedures.
    “What is a moderate interpretation of [the Constitution]? Halfway between what it says and [...] what you want it to say?” —Justice Antonin Scalia

    SIG: P220R SS Elite SAO, P220R SAO, P220R Carry, P226R Navy, P226, P239/.40S&W, P2022/.40S&W; GSR 5", P6.

  3. #18
    Senior Member Array Cthulhu's Avatar
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    Smoking, labor laws, motorcycle helmet and licensing laws, on and on and on...

    -JT

  4. #19
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    Quote Originally Posted by pgrass101 View Post
    Only if all states had Vermonts concealed carry law.
    If only..............

    But the chances taken are not worth the rewards we 'might' reap.

    SIXTO said it best........Be careful what you wish for.
    "Just getting a concealed carry permit means you haven't commited a crime yet. CCP holders commit crimes." Daniel Vice, senior attorney for the Brady Campaign to Prevent Gun Violence, quoted on Fox & Friends, 8 Jul, 2008

    (Sometimes) "a fight avioded is a fight won." ... claude clay

  5. #20
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    Roadrunner, it is up to the base commander. He can set the drinking age at 18 if he wishes... it just isn't going to happen often. The last base I was on that allowed that was Camp Pendleton in the late 90s. They didn't want Marines going to Tijuana so they allowed it. When a new commander came into power, they age went up to 21.
    "The only people I like besides my wife and children are Marines."
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  6. #21
    VIP Member Array MitchellCT's Avatar
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    Quote Originally Posted by kazzaerexys View Post
    ...which has something called Full Faith and Credit.

    Short of repealing the Second Amendment, the Federal gov't basically has no way of making Florida accept California's CCW laws.

    On the other hand, if the feds passed a set of minimum concealed carry standards, whatever they may be, then every state would be required to accept the CCW license of any other state that meets those requirements.

    This is how both driver's licenses and marriage licenses work right now. This is the reason that Texas does not have to recognize Massachusetts same-sex marriages---because marriages so licensed do not meet the Federal standards laid out in the Defense of Marriage Act.

    If the Full Faith and Credit clause is properly interpreted, a basic set of federally legislated carry standards could only increase mandatory reciprocity, not decrease it, nor affect any individual state's own licensing procedures.

    DOMA is dubiously constitutional and will likely be found to violate the 14th amendment's equal protection clause for discrimination based on sexual orientation, but yes, congress does have the authority to legislate standards for FF&C.

    Reciprocity of drivers licences however, is to the best of my information, governed by the Interstate Drivers License Compact and state statue.
    See: http://www.1800duilaws.com/forms/doc...uresManual.pdf

    If you have contrary information, I'd be interested in seeing it.

    As to how the FF&C clause is being used today, see: http://www.virginialawreview.org/con...dfs/94/247.pdf

    FF&C is usually used to enforce judgements of one state in other states, and precludes chalanges to that judgement once rendered.

    Suffice to say, it isn't as simple as it seems.

    If the feds passed a minimum standard for carry permits, it would be passed under Article I, Section VIII's interstate commerce clause or the taxing & spending clause, not FF&C.

  7. #22
    VIP Member Array wmhawth's Avatar
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    Quote Originally Posted by Yoda View Post
    I have been reading many of the posts on this forum and it amazes me the differences between the states with the law/rules regarding carrying a concealed handgun. I have become very familiar with my own state and have looked briefly at the states I expect to carry in before long and will study them further to ensure I am in compliance.

    Wouldn't it be great if we had the same set of rules for all 50 states?

    Is there any other "activity" that has such wide disparities exist between the states?
    That would probably require federal control which we most certainly do not want.

  8. #23
    Ex Member Array FN1910's Avatar
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    Quote Originally Posted by Echo_Four View Post
    Roadrunner, it is up to the base commander. He can set the drinking age at 18 if he wishes... it just isn't going to happen often. The last base I was on that allowed that was Camp Pendleton in the late 90s. They didn't want Marines going to Tijuana so they allowed it. When a new commander came into power, they age went up to 21.
    It do not know for sure but I have heard several tell about it being legal as long as they were on the base. I do know that there are many "laws" that are overridden on bases both good and bad.

  9. #24
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    No, no, a thousand times no.

    We thought "wouldn't it be a good idea to have emission standards the same through all states" and we had to bow to meet California's restrictions. It would be the same if we decided to follow suit with CC laws.

  10. #25
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    When traveling, I always look up that states laws, but for the most part, I carry a pocket pistol. Not saying I would intensely violate a law, but state laws can change, and my web resource may not be up to date. Or to put it another way, just to be on the safe side, a really concealed pistol is a big plus.

    That’s why I asked questions, on another forum here on DC regarding carrying a larger pistol to Nevada and Arizona, to see if there where any sticky laws regarding CCL.

  11. #26
    Senior Member Array cwblanco's Avatar
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    Quote Originally Posted by Yoda View Post
    I have been reading many of the posts on this forum and it amazes me the differences between the states with the law/rules regarding carrying a concealed handgun. I have become very familiar with my own state and have looked briefly at the states I expect to carry in before long and will study them further to ensure I am in compliance.

    Wouldn't it be great if we had the same set of rules for all 50 states?

    Is there any other "activity" that has such wide disparities exist between the states?
    Wide disparities exist in many, if not most, of the laws of the various states.

    Probably the most successful area where uniformity of laws have been developed is the adoption of the Uniform Commercial Code.

    When we get into the more emotional laws such as family law, criminal, gun laws, it is difficult to get uniformity. But even in those areas there is some uniformity. For example, there are a lot of similarities in part of the concealed handgun laws for a lot of states.

  12. #27
    Ex Member Array Yoda's Avatar
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    I hadn't thought about more restrictive laws, can't you all be a part of Texas?

  13. #28
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    U.S. Representative John Boozman, (Arkansas) has sent a bill in that form to Congress. But of course, it'll be a cold cold day in H--L, if it is ever passed.

  14. #29
    VIP Member Array MitchellCT's Avatar
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    Quote Originally Posted by cwblanco View Post
    Wide disparities exist in many, if not most, of the laws of the various states.

    Probably the most successful area where uniformity of laws have been developed is the adoption of the Uniform Commercial Code.

    When we get into the more emotional laws such as family law, criminal, gun laws, it is difficult to get uniformity. But even in those areas there is some uniformity. For example, there are a lot of similarities in part of the concealed handgun laws for a lot of states.
    For those unfamiliar with the UCC, was proposed by the American Law Institute and the National Conference of Commissioners on Uniform State Laws back in the 1950's.

    It was subsequently adopted by the states individualy, not imposed by the federal government.

  15. #30
    Senior Member Array hudsonvalley's Avatar
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    Quote Originally Posted by David in FL View Post
    I guess that would depend on which state the rules were modeled against........

    Florida/Texas, sure. California/New York, not so much.......
    +1.
    Government's first duty is to protect the people, not run their lives.
    ---Ronald Reagan

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